Limitation of liabilities - Notes

08-12  Source: Network gathering  Views:3 


Limitation of liabilities - Notes

Impeach debt before the expiry of the limitation period of court a.

Limitation period - usually time and exceptions

Generally subject to civil litigation for an act or omission of the limitation period, including money debt.

  • If you sue your claim after the expiry of the limitation period, the debtor may raise an objection, so your application is dismissed. If the debtor, however, nothing opposes, get your title yet.
  • The regular limitation period pursuant to ยง 195 BGB three years and expires at the end of the third year after the claim arises. When in June 2012 have set a due receivable for example, this time-barred on 31.12.2015.
  • With respect to the rule statute of limitations but there are numerous exceptions.
  • So a shorter period of two years for some claims applies in sales law and travel contract law.
  • While most compensation claims a three-year limitation period subject to lapse such because of injuries to life or body only in 30 years.
  • Other special provisions can be found for example in tenancy law and service contract law, where applicable, a 5-year limitation period for warranty claims after acceptance.

To propel a debt

  • To collect debts, it is not enough, if you ask the debtor before the expiry of the limitation period for payment and warn. Rather, you must apply for a court order or file a lawsuit in order to interrupt the limitation period. The action or the court order application should reach the court in time, on the date of service on the debtor is irrelevant against.
  • Another way to secure without complaint your claim is that you can issue from the debtor a notarial acknowledgment of debt.

If you have dubbed your claim in time, you can sit back once. After all, your title is now 30 years durable.

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